MOHAN DAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 1st accused in C.R.No.54/2006 of Ranny Excise Range for an offence punishable under sec.55(a) of the Abkari Act for allegedly having stored on 22.11.2006 140 litres of spirit in the toddy shop of which the petitioner is the licencee, seeks anticipatory Bail.

(2.) The learned Public Prosecutor opposed the application.

(3.) It is too early to conclude that the spirit was not stored with the knowledge of the petitioner and that the investigation of the case right from the beginning was conducted illegally and that the petitioner is not guilty of the offence alleged against him. Anticipatory bail cannot be granted in a case of this nature. I am not satisfied that both the grounds enumerated under sec.41A (b)(ii) of the Abkari Act are present in this case so as to justify the grant of anticipatory bail. There is no reason why the petitioner should not surrender before the magistrate concerned and seek regular bail. If the petitioner surrenders before the Magistrate concerned and files an application for regular bail, the same shall be considered and disposed of preferably on the same day on which it is filed. With the above observation this Application is disposed of.